Seventeenth Civil Court of Santiago (hereinafter the 17th Civil Court) denied said reparation on the grounds that the case had prescribed. The petitioner points out that, on November 7, 2002, the plaintiffs filed an appeal, which was declared "lapsed" by the CAS, which returned the file on the case to the court of first instance. He indicates that, on June 26, 2003, the "Let the Judgment be Executed" (“cúmplase”) resolution was issued: the last to be issued in this case. 23. He points out that in the case of Ramón Luís Vivanco, his daughter Pamela Adriana Vivanco Medida filed for compensation for the harm done by the arrest and execution of her father -- as acknowledged by the report of the Rettig Commission -- before the Sixteenth Civil Court of Santiago (hereinafter "the 16th Civil Court"), thereby initiating the “Vivanco Medina with Treasury of Chile” proceedings, Case Record No. 3245-2000. The petitioner indicates that on October 4, 2004, she was denied reparation by the court of first instance, on the grounds that the case had prescribed. He adds that the appeal against that judgment was declared "lapsed." The petitioner points out that the file was returned to the court of first instance, which issued the "Let the Judgment be Executed" (“cúmplase”) resolution on June 3, 2003. 24. The petitioner states that in the case of Rodolfo Alejandro Espejo Gómez, his sister, Katia Espejo Gómez and his mother, Elena Alejandrina Varga, brought an action for moral prejudice caused by the kidnapping and disappearance of their family member, as acknowledged by the report of the Rettig Commission, thereby initiating the “Espejo Gómez with Treasury of Chile” proceedings, Case record No. 29182000. The petitioner indicates that on June 19, 2002 the 17thCivil Court denied their application for reparation, on the grounds that the case had prescribed. He adds that the appeals against that judgment was declared "lapsed" and returned to the 17th Civil Court, which issued the "Let the Judgment be Executed" (“cúmplase”) resolution on July 9, 2003, terminating the proceedings. 25. He points out that in the case of Mario Melo Pradenas, his brother, Carlos Gustavo Melo Pradenas, and his parents, Mario Melo Acuña and Ilia María Pradenas Pérez, filed an action for damages for the harm done by the kidnapping and disappearance of their family member -- as acknowledged by the report of the Rettig Commission -- thereby initiating the “Melo Acuña with Treasury of Chile” proceedings, Case Record No. 3830-2001. The petitioner states that on September 27, 2002, the 8thCivil Court dismissed the plaintiffs' claims because it considered that they had not proved the facts of the case and due to prescription. He points out that the appeal against that judgment was declared "lapsed." According to the petitioner, the file was returned to the court of first instance, which issued the "Let the Judgment be Executed" (“cúmplase”) resolution on January 23, 2003, terminating the proceedings. B. Position of the State 26. The State alleges that since the restoration of democracy it has been committed to seeking truth and justice regarding the human rights violations perpetrated between 1973 and 1990. It pointed out that, as a result of that commitment, the Rettig Commission was established and issued a report documenting grave human rights violations under the military regime. It also points out that in 1991, the President of the Republic, asked the family members of the victims for forgiveness. 27. The State points out that in 1992 Law No. 19.123 established the National Corporation for Reparation and Reconciliation (hereinafter "the CNRR"), with a view to analyzing cases that the Rettig Commission was unable to investigate in depth, as well as new cases submitted to it. The State also points out that CNRR was to lend social and legal assistance to the victims' next of kin, specifying that the aforementioned Commission [sic] crafted the following six lines of action, i.e., programs to: a) classify victims; b) investigate their final whereabouts; c) provide social and legal assistance to the victims' next of kin and support for actions brought for reparation; d) promote education and culture; e) foster research and legal investigations; and f) develop the corporation's documentation and archives. The State points out that in 1996, the CNRR delivered its report on "Classification of the Victims of Human Rights Violations and of Political Violence." 28. It adds that in 1997, in a new effort to locate persons arrested and disappeared and political prisoners who were executed, the Government issued Supreme Decree No. 1005, establishing the 5

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